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HomeMy WebLinkAboutZBA-08/18/1993APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MINUTES REGULAR MEETING WEDNESDAY, AUGUST 18, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 7:15 p.m. Work Session - Reviews of pending applications. (No action was taken.) 7:30 p.m. Regular Meeting - Call to Order by Chairman. A Regular Meeting was held by the Southold Town Board of Appeals on WEDNESDAY, AUGUST 18, 1993 commencing at 7:30 p.m. at the Town Hall, 53095 Main Road, Southold, New York 11971. Present were: Gerard P. Goehringer, Chairman Serge Doyen, Member James Dinizio, Jr., Member Robert A. Villa, Member Richard C. Wilton, Member Harvey A. Arnoff, Town Attorney Linda Kowalski, Clerk of the Board. I. PUBLIC HEARINGS were held, noted as follows: 7:32 p.m. Appl. No. 4180 - Matter of the Application of JOAN AND ROY BERMAN. (Hearing was reconvened from the July 22, 1993 hearing, following further on-site viewing). This is a request for a variance to the zoning ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required front yard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq.ft, in this R-40 Zone District. Ed Williams (builder) appeared in behalf of the applicants. Following testimony, the hearing was concluded, and deliberations and deliberations was Page 2 - Minutes Southold Town Board of Appeals Regular Meeting of July 22, 1993 (Public Hearings, continued:) rendered later in the evening. (See copy of transcript for verbatim statements made during the hearing.) 7:35 p.m. Appl. No. 4188 - Matter of the Application of RUSSELL IRELAND, JR. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct open walkway between the bulkhead and the existing deck addition at the rear of the dwelling, which deck was required to be modified under Appeal No. 4163 on May 11, 1993 with a 15-ft. setback from the bulkhead rather than "as built." Location of Property: 5400 Great Peconic Bay Boulevard, Laurel, NY; District 1000, Section 128, Block 2, Lot 12. This parcel contains a total area of 43,402 sq. ft. and is located in the R-40 Low-Density Residential Zone District. Peter Wilson, Architect, appeared in behalf of the applicants. Following testimony, the hearing was closed (concluded). Later during the meeting deliberations and a formal determination were rendered by the Board Members. (See copy of transcript for verbatim statements made during the hearing.) 8:00 p.m. Appl. No. 4189 - SALVATORE W. CAMPO for a Variance to the Zoning Ordinance, Articl~ III-A, Section 100-30A.3 for permission to construct addition to dwelling with an insufficient (front yard ) setback from Landing Path Road (unimproved). This parcel has two front yard areas, contains a total area of 25,175 sq. ft., 100 ft. frontage along the south side of Clearview Avenue and 251.75 feet along the westerly side of Landing Path Road (unimproved), Southold, NY; County Tax Map District, Section 70, Block 09, Lot 53. Salvatore Campo appeared in behalf of his application. (See transcript of verbatim record for reference, if needed.) Following testimony, the hearing was concluded and determination rendered (see next page). Page 3 - Appl. No. 4189 Matter of SALVATORE CAMPO Decision Rendered August 18, 1993 ACTION OF THE BOARD OF APPEALS Appeal No. 4189: Application for SALVATORE W. CAMPO for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct addition to dwelling with an insufficient (front yard ) setback from Landing Path Road (unimproved). This parcel has two front yard areas, contains a total area of 25,175 sq. ft., 100 ft. frontage along the south side of Clearview Avenue and 251.75 feet along the westerly side of Landing Path Road (unimproved), Southold, NY; County Tax Map District, Section 70, Block 09, Lot 53. WHEREAS, a public hearing was held on August 18, 1993, at which time those who desired to be heard were heard and their testimony recorded (no opposition was received); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, the present use and zone district, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is a parcel of land known as Lot No. 3 on the subdivision map of Southfield Park, which parcel of land is situate along the southerly side of Clearview Avenue and the westerly side of an unimproved road, Landing Path Road, at Southold, containing a total lot area of 25,175 sq. ft.; (b) is improved with a single-family dwelling structure set back 42.'4 feet from the northerly front property line, 17.7 feet from the side (westerly) property line, 150+- feet from the southerly (rear) property line, and 38+- feet from the subject front yard area to the east. Page 4 - Appl. No. 4189 Matter of SALVATORE CAMPO Decision Rendered August 18, 1993 (c) is located in the R-40 Zone District by the new revisions of the Master Plan enacted in January 1989. 2. By this application, appellant has requested approval for a reduction in the easterly yard for a 20-foot extension on the front and southerly portions of the existing dwelling which will leave a setback at 18 feet. The land area adjoining this property on the easterly side is an unimproved right-of-way (road) and is presently maintained as a lawn. 3. The area to the south of the dwelling is utilized for the cesspools, and is not recommended for this addition location. The area to the west of the house is limited due to the 17 feet established setback. The only remaining area is front yard area. 4. In considering this application, the Board also finds: (a) that the new addition, as proposed, will not be an adverse impact to the essential character of the neighborhood, and the relief requested in this application is not substantial in relation to those buildings existing generally in this neighborhood; (b) that the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the addition is not an activity which would cause an increase in dwelling unit density or cause a substantial effect on available governmental facilities; (d) that additional land area is not available for the appellant to pursue as an alternative; (e) in considering all of the above factors, the interests of justice will be served by granting a reduction in the easterly yard setback from 38 feet to 18 feet, as requested. reduction as requested and further noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the requested reduction to 18 feet from the easterly property line for a proposed addition to the existing dwelling, as requested and more particularly shown on Page 5 - Appl. No. 4189 Matter of SALVATORE _CAMPO Decision Rendered August 18, 1993 (Appl. No. 4189 - CAMPO, decision, continued:) the sketched diagram (labeled "alternative Sk-3") submitted by the applicant. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. I. PUBLIC HEARINGS, continued: 8:02 p.m. Appl. No. 4185 - Matter of the Application of THOMAS J. McCARTHY (contract vendee). Current Owners: Frank Majeski and others. Variance to the zoning Ordinance, Article III-A, Section 100o30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; District 1000, Section 117, Block 7, Lot 008. The applicant, Thomas McCarthy, appeared in behalf of his application. (Please see transcript of verbatim statements of hearing.) Following testimony, the hearing was concluded, deliberations and final determination adopted. (See next page.) Page 6 - Appl. No. 4185 Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 ACTION OF THE BOARD OF APPEALS Appl. No. 4185. Upon Application of THOMAS J. McCARTHY (Contract Vendee). Current Owners: Frank Majeski and others. This is an appeal for a Variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to modify area of proposed substandard lots (prior Appeal No. 4100 rendered June 30, 1992), each with a preexisting dwelling. Location of Property: 1270 Fourth Street and 305 King Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-7-8. WHEREAS, a public hearing was held on August 18, 1993, at which time the applicant and persons who desired to be heard were heard and their testimony recorded (see verbatim transcript prepared under separate cover); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present R-40 residential zoning, and the surrounding residential area; and WHEREAS, the Board made the following Findings of Fact: 1. This is an application for a variance due to the re-adjustment of lot line between Lot 1 and Lot 2, and westerly lot. line of .Lot 3, as shown on the map prepared by Joseph A. Ingegno, Land Surveyor, dated July 28, 1993. 2. Each of the lots shown are substandard in size and are requested to be re-adjusted as follows: (a) Lot 1 of 4,219.37 sq. ft. instead of 4,113 sq. ft. (b) Lot 2 of 6,783.06 sq. ft. instead of 5,239 sq. ft. (c) Lot 3 of 7,301.23 instead of 5,700.86 square feet. (d) Lot 1 of 45.64 ft. frontage along Fourth Street and 100.00 ft. frontage along King Street; Page 7- Appl. No. 4185 Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 (e) Lot 2 of 64.16 ft. frontage along Fourth Street and 64.80 feet at the principal building front setback line; (f) Lot 3 of 50.00 ft. frontage along King Street and 50.10 feet at the new principal building front setback line. 3. The following information and facts pertaining to the subject land and buildings are noted for the record: (a) This property received a denial with conditional alternative relief for proposed Lots 1, 2 and 3 as rendered by the Board of Appeals on June 20, 1992 under Appl. No. 4100. (b) according to town assessment and building department records, the premises has preexisted the enactment of zoning (April 1957) with four separate dwelling structures. Specific information concerning the sizes, location and setbacks of the dwellings has been furnished on the survey prepared by Joseph A. Ingegno dated February 28, 1992, further noted below: (i) House ~305 - 837 sq. ft.; one-story height; full kitchen/housekeeping unit with permanent heating unit for yearround occupancy; (2) House #1270 - 900+ sq. ft. at ground floor; building is at two-story height; full kitchen/housekeeping with heat for yearround occupancy; (3) Cottage at the northeast section of the premises - 504 sq. ft. (14 x 36), exclusive of 270 sq. ft. of attached garage and attached shed; (4) Cottage at the southeast section of the premises - 384 sq. ft. (12 x 32) exclusive of enclosed 68 sq. ft. front porch; one-story height; front yard setback at 9.5 feet; without a heating system per building inspection report of August 28, 1990. (c) the surveys prepared by Joseph A. Ingegno shows separate cesspool systems for each dwelling structure as well as four separate well locations (approximate locations). (d) Certificate of Occupancy #Z-19433 for Preexisting Use and Buildings dated October 10, 1990 from the Town Building Inspector has been furnished for the record; (e) the one-story frame building which presently exists 10.0 feet from King Street on proposed Lot 3 must be Page 8 - Appl. No. 4185 Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 removed, after obtaining appropriate permits from the Building Department and other agencies involved, before issuance of a Certificate of Occupancy for this project or building permits to renovate or expand any buildings on the premises. 4. The Board members have considered the standards set forth for "area variances" and find as follows: (a) UNIQUENESS - the applicant has established unique physicial conditions peculiar to and inherent in the subject lot compared to lots in the neighborhood. All remaining seven lots within this same residential block consist of land sizes ranging from 2850 sq. ft. to 7592 sq. ft. {i.e., parcels identified on the County Map as Lots 5, 6, 7, 9, 10, 11, 12}. Each footprint of building area on these tracts range from 654 sq. ft. to 1642 sq. ft. The character of the area will clearly not be an undesirable change by the grant of this alternative variance. (b) PRACTICAL DIFFICULTIES - the applicant has shown that he would not be able to reasonably use, or aesthetically improve, the subject buildings under the zoning restrictions without a variance. Virtually, any attempt to make substantial aesthetic improvements to buildings, as exist, would come into conflict with the bulk schedule and provisions of the zoning ordinance as it relates to one nonconforming lot with multiple dwelling use nonconformities. The dwelling uses are allowed in this R-40 zone district, whether it be by of a legal, preexisting nature, or by placement of lot lines for separate ownership. The Board Members are not concerned with ownership of the houses -- however, it should be noted that conveyance of at least three of the existing houses for single and separate ownership on three separate lots would not be a disadvantage under these circumstances, and would provide opportunities for affordable homes to three single families in the Town. (c) VALID PUBLIC PURPOSE - The percentage of relief requested in this particular application is not substantial. Strict application of the zoning ordinance will not, in the Board's opinion, outweigh injury to the applicant and justice will be served by allowing a variance, for alternative relief and the minimum necessary to relieve the difficulty. (d) OTHER FACTORS - The difficulty alleged was not self-created and the difficulty claimed may not be avoided by means other than a variance. In view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the relief requested, and as conditionally noted below, and will at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Page 9 - Appl. No. 4185 Application of THOMAS J. McCARTHY Decision Rendered August 18, 1993 Accordingly, on motion by Chairman Goehringer, seconded by Member Villa, it was RESOLVED, to GRANT the relief requested in this re-adjustment of substandard lot areas, SUBJECT TO THE FOLLOWING CONDITIONS AND NOTED AS FOLLOWS: 1. No further reduction in lot area for Lots 1, 2, and/or 3 other than that shown on the plan prepared by Joseph A. Ingegno, Land Surveyor (last revision date: July 28, 1993). 2. Applications will be filed, processed and finalized with all other appropriate agencies of the Town and County before separating proposed Lots #1, #2, and #3. 3. Only one single-family dwelling use shall be permitted for each of the three lots. Therefore, it is a requisite of this variance that the front building on the proposed Lot #3 which consists of approximately 384 sq. ft. (depth 32.3 feet and variable width 11.3 to 12.3 feet) shall be removed. Compliance with this condition must be confirmed within six (6) months after final approval of all Town and County Agencies, or within six (6) months of transfer of title to the applicant herein. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and Goehringer. This resolution was duly adopted. Page 10 - Minutes Southold Town Board of Appeals Regular Meeting of July 22, 1993 PUBLIC HEARINGS, continued: 8:08 p.m. Applications of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1 containing 59,984 sq. ft. in this R-80 Residential Zone District, for: A) Appl. No. 4186 - Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25); and Appl. No. 4187 - Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-30B(1) of the Zoning Ordinance. Peter Danowski, Esq. appeared with the applicants-contract vendees. (No opposition was received during the hearing process.) Following testimony, the hearing was concluded (closed) pending deliberations, which commenced later during the meeting. (See written transcript of verbatim statements of hearing, if needed, prepared under separate cover.) 8:20 p.m. Appl. No. 4184 - CHARLES H. LEWIS for a Variance as provided by New York Town Law, Section 280-A requesting acceptance of minimum improvements within a private right-of-way for safe and sufficient access by emergency, fire and other vehicles to: Lot No. 1, as'modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel #1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1. Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, NY, in a northerly direction over premises now or formerly of Regan, Lindermayer, Stanley, Kudinka and/or Garcia and Sileo, referred to as Parcels %1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The property to which this application is requested for access Page 11 - Minutes Southold Town Board of Appeals Regular Meeting of August 18, 1993 (Public Hearings, continued:) Re: Charles H. Lewis: and standards sufficient for emergency vehicles is shown as Parcels #1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. (See transcripts of record for discussion with adjoining property owner during hearing.) Following testimony, the hearing was recessed until the next Regular Meeting in September, as requested by the attorney (John Wagner) for the applicant in order to submit updated maps showing the traveled portions of both rights-of-way for ZBA use and location of homes nearby (location of homes was requested by the Planning Board office staff of Mr. Wagner). End of Public Hearings. II. Environmental Declarations - SEQRA: No objections were received to date since the posting of the following SEQRA Notices, the originals of which were posted on the Town Clerk Bulletin Board for comments within 15 days of the filing of the applications as required by law: TYPE II Actions: a) Russell Ireland, Jr. - variance to construct open walkway between the bulkhead and the existing rear deck rather than "as built"; b) Salvatore W. Campo - variance to construct addition to dwelling with an insufficient yard (parcel has two front yard areas); c) Thomas J. McCarthy (contract vendee). (Owners: Frank Majeski & ors.) - variance to modify area of proposed substandard lots (prior Appeal #4100 rendered June 30, 1992), each with preexisting dwelling; d) John E. Andresen & ors. - variance to locate principal building with a reduced setback from the southerly (front) property line along Main Rd. (S.R. 25),Laurel. NEGATIVE DECLARATION (Unlisted Action): John E. Andresen - Special Exception for veterinarian office and animal hospital use, 1625 Main Rd. & Franklinville Rd. West, Laurel, NY; Charles H. Lewis - Variance as provided by NY Town Law, Sec. 280-A, requesting acceptance of minimum Page 12 - Minutes ~QU~hold Town Board Of Appeals Regular Meeting of August 18, 1993 (Environmental Declarations, continued:) improvements within a private right-of~way for safe and sufficient access by emergency, fire and other vehicles to Lot No. 1 and Lot No. 2. Vote of the Board: Ayes: Ail. DELIBERATIONS/ACTION: ACTION OF THE BOARD Appl. No. 4119-SE. FINAL DETERMINATION on the Application of MATTITUCK AUTO CENTER, INC. (as tenant) and WILLIAM GOODALE (as owner) in this request for approval of Special Exception under the Zoning ordinance, Article X, Section 100-101B(12) for a permit authorizing: (a) a new car sales-rental establishment as a principal use ; (b) an establishment of an accessory use incidental to the proposed new car sales establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale in conjunction with the new car sales-rental establishment; (d) accessory office use incidental to the new principal use as a new car sales establishment, and related accessory uses. Location of Property: 7655 Main Road (N.Y.S. Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1. WHEREAS, an interim decision was rendered by this Board under this application, with fifteen (15) conditions, dated October 15, 1992; and WHEREAS, in that October 15, 1992 resolution, the Board of Appeals extended time (eight months minimum) for the applicant to submit adequate proof that the applicant, Mattituck Auto Center, Inc. is a new motor vehicle lot, intending to conduct, or actually conducting, as a principal use the on-site display, sales and rental of new cars, (even though only the sales and display of used cars has been conducted between 1991 and the present time); and WHEREAS, the Board of Appeals required a further hearing for a final determination to be rendered on or about July 1993, which includes review of the requisite proof, and necessary Board reviews as to whether this record, in its entirety, adequately fulfills the requirements and standards of zoning for the applicant, Mattituck Auto Center, Inc. and its proposed principal use, proposed accessory uses, as well as the percentages of business in relation to the new cars sales as well as the accessory use for sales of used cars; (Ref: Conditions #1 and #2 of the Board's October 15, 1992 determination; and WHEREAS, the applicant, Mattituck Auto Center, Inc. has been conducting on-site sales and display of used, second-hand cars since early 1991 to the present time (without proper zoning Page 19 Appl. No. 4119 (SE) Application of MATTITUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 permits, certificates of occupancy and use, etc.), and during the eight-month extension of time, applicant confirms that he has not sold or displayed any electric-car assembly kits at this site; and WHEREAS, after due notice, a final public hearing was held on July 22, 1993 by the Southold Town Board of Appeals, and those who desired to be heard were heard and their testimony recorded (see seDarate transcript of verbatim discussions during public hearing); NOW, THEREFORE, the Board finds as follows: 1. The provision of the Southold Town Zoning Code under which this application is made reads as follows: Article X, Section 100-101B. Use~ permitted by special exception by the Board of Appeals. The following uses are permitted by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board: (12) Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a) Entrance and exit driveways shall have an unrestricted width of not less than twelve (12) feet and not more than thirty (30) feet and shall be located not less than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. (b) Sale of used vehicles or boats shall be conducted only as accessory to the sale of · new vehicles or boats. (c) Vehicle lifts or pits, dismantled autombiles, boats and vehicles and all parts or supplies shall be located within a building. (d) Ail service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. Page 14- Appl. No. 4119 (SE) Application of MATTITUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 (e) The storage of gasoline or flammable oils in bulk shall be located fully underground and not be less than thirty-five (35) feet from any property line other than the street line. (f) No gasoline or fuel pumps or tanks shall be located less than fifteen (15) feet from the street or property line. (g) Outdoor area lighting shall be that generally required for security purposes and shall be restricted to the front one-third (1/3) of the lot depth. All outdoor lighting shall be located at a height of not more than fourteen (14) feet above ground level and so directed that illumination should not extend beyond lot lines. 2. The premises in question is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with a frontage of 120.0 feet along the north side of State Route 25 (Main Road). The average depth of the parcel is 402+- feet. This parcel is improved with two principal structures, each utilized as a noncon- forming single-family residential use. The existing structures are shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. 4. By this application, a review and determination is requested to approve the on-site sales and display of used, second-hand cars as a principal use rather than as an accessory use. Applicant proposes: (a) outside, on-site sales, storage, parking and display of used cars and other used vehicles; (b) on-site sales, leasing, and business office use related to the primary use for the sales of used cars, and catalog sales of electric car kits. The square footage of the building area intended for office sales and business uses is 662 sq. ft., and the use of the existing residence is limited to approximately 640 sq. ft. (the second floor only of the front building). 5. Subsection 12(b) of Section 100-101B provides by Special Exception from the Board of Appeals for the "...sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles .... " It is noted that applicant, Mattituck Auto Center, Inc. is not displaying or advertising new vehicles at the premises. In fact, it Page 15- Appl. No. 4119 (SE) Application of MATTITUCK AUTO CENTER, INC. Decision Rendered August 18, 1993 is admitted that only used cars are displayed or advertised at the premises. Catalog sales is also apparently being offered for electric car kits. It is noted further that there is no electric car displayed or sold on site, either assembled, disassembled in kits, or otherwise. It is the position of this Board that catalog sales of kit cars located at another site does not meet the requirement of a new car sales dealership. (See copy of one-year limited agreement dated 6/10/92 between Robert A. Adams, Vice President of Solar Car Corporation of Melbourne, Florida, and the applicant, Mattituck Auto Center, Inc.) 6. For the record, it is noted that this parcel is also nonconforming as to the required lot size for the two or more principal residential uses. The total lot area of this parcel is 36,155 sq. ft., and the total lot area required under the current zoning code for each residential unit under the zoning code is 30,000 sq. ft. in this "B" Zone District, for a total requirement of 60,000 sq. ft. for two principal (primary) uses. The requirement for a third principal use is an additional 30,000 sq. ft., total 90,000 sq. ft. of land area (ref. Article XXIV, Bulk and Minimum Lot Size, Density Schedules, etc.). 7. Also noted, as shown in the record, are the following previous Special Exception applications of the applicant rendered by the Board of Appeals: denials of herein as A) Denial of Application No. 4066 for a Special Exception to establish new use for outside, on-premises new and/or used motor vehicles sales and leasing rendered December 16, 1991; B) Denial of Application No. 4093 for a Special Exception requesting the sales of new and used motor vehicles. 8. In considering this application, the Board finds that sufficient proof has not been demonstrated, nor sufficient documentation submitted, to show fulfillment of the standards and conditions set forth in the zoning code at Section 100-101B(12-b). NOW, THEREFORE, on motion by Member Villa, seconded by Member Doyen, it was RESOLVED, that it is hereby DETERMINED this Board is without authority to grant the Special Exception use requested by applicant, Mattituck Auto Center, Inc. for the sales and display of used, second-hand vehicles as a primary use, or as an accessory use, based upon the specific wording of the current zoning code provision (as enacted by the Town Board on January 10, 1989). VOTE OF THE BOARD: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton, and Goehringer. This resolution was duly adopted. Page 16 - Appl. No. 4120 Regular MeEting of August 18, 1993 Southold Town Board of Appeals ACTION OF THE BOARD Appl. No. 4120-V. Application in behalf of MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). WHEREAS, after due notice, a public hearing was held on July 22, 1993, at which time all those who desired to be heard were heard and their testimony recorded (see written transcript of verbatim discussions during public hearing); and WHEREAS, the Board has carefully considered all testimony and documentation concerning this application; and WHEREAS, Board members have personally viewed and are familiar with the premises in question and the surrounding areas; and NOW, THEREFORE, the Board finds as follows: 1. This is an appeal of the June 23, 1992 Building Inspector's Notice of Disapproval concerning the requirement for a 25-ft. buffer zone in the front yard area as per Article XXI, Section 100-212B of the zoning regulations. 2. This provision reads as follows: Section 100-212. Front landscaped area. A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. As a minimum, in all non-residential districts..oone (1) shade tree having a caliper of two (2) inches shall be planted within the front landscaped area for each forty (40) feet or fraction thereof of lot Page 17 - Appl. No. 4120 Application of Mattituck Auto Center, Inc. (Tenant) Decision Rendered August 18, 1993 frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view ... B. Nonresidential districts. In all nonresidential districts, there shall be a landscaped strip in the front yard area; in the ... General Business ...Districts, the strip shall be twenty-five (25) feet .... There shall also be a landscaped area five (5) feet wide abutting the front of the building in all nonresidential districts .... 2. The subject property is located in the "B" General Business Zone District in the Hamlet of Mattituck, Town of Southold, and more particularly identified on the Suffolk County Tax Maps as District 1000, Section 122, Block 6, Lot 30.1 (previously 30). 3. The subject parcel contains a total area of 36,155 sq. ft. (.83 acre) with frontage of 120.0 feet along the north side of State Route 25 (Main Road}. The average depth of the parcel is 402+- feet. This parcel is presently improved with two buildings, each containing a nonconforming single-family residential use and built prior to April 23, 1957. These buildings are more particularly shown on the April 11, 1986 survey prepared by Anthony W. Lewandowski, L.S. to be 53+- feet from the southerly front property line. 4. Reference is also made to other requirements of the zoning code and other zoning information relative to this project and premises: (a) a Pre-1957 Certificate of Occupancy #Z10885 dated March 1, 1982 relates to two nonconforming one-family dwellings with accessory storage; (b) Certificate of Occupancy #Z12534 dated June 11, 1984 relates to an addition to the existing one-family dwelling for residential/storage purposes. At the time of issuance of this Certificate, no uses other than the existing two single-family residences occupied the premises. (c) Years later, in 1991, a third new principal use was added, without town approvals, for used-car sales and leasing business uses. (d) On October 31, 1991, an application for a Special Exception was applied for under Appl. No. 4066 requesting a Page 18 - Appl. No. 4120 Application of Mattituck Auto Center, Inc. (Tenant) Decision Rendered August 18, 1993 permit to sale, store, display and park used cars and used vehicles. That Special Exception permit was denied on December 16, 1991 by the Board of Appeals for several reasons {please see specifics of determination filed with the Town Clerk on January 9, 1992}. At this time, area variances were necessary for this new use on this parcel. Also, it should be noted that proposed used car sales and leasing establishments are permitted only as an accessory use to a new car sales establishment or dealership -- which proof was not substantiated in the record. (e) Also, under Appl. No. 4093-SE, another Special Exception application was filed by Mattituck Auto Center and William Goodale for the sales, storage, display, and office related to new and used cars, which application was denied by the Board of Appeals on May 18, 1992. (f) On July 10, 1992, a subsequent Special Exception application was filed under Appl. No. 4119-SE for catalog sales of electric-car kits, and used cars, display, storage and office use related thereto. An interim decision was rendered by the Board of Appeals on October 15, 1992, remanding this matter for a final hearing to be held in July 1993. A final hearing was held on July 22, 1993, and the Board of Appeals denied the Special Exception on August 18, 1993. (g) At this point in time, a formal application has not been filed and processed by the Southold Town Planning Board, the Building Inspector's Office for an occupancy certificate, County Health for septic and/or water approvals, or N.Y.S. Department of Transportation (as may be deemed appropriate by law). (h) Also, it is noted that the "Official Business Certificate" issued under the Vehicle and Traffic Law on 6/8/92 by the N.Y.S. Department of Motor Vehicles has expired as of 12/31/92. 5. The practical difficulties claimed by the applicant-tenant are noted as follows: (a) displaying vehicles at more than 25 feet from the front property line would, they claim, preclude the possibility of a successful operation; (b) displaying vehicles at more than 25 feet from the front property line, they claim, would prevent necessary exposure, and that the display of vehicles must be visible to the public for viewing and inspection; Page 19 - Appl. No. 4120 Application of Mattituck Auto Center, Inc. (Tenant) Decision Rendered August 18, 1993 (c) The property is already improved with buildings, lending to the limited area for outside vehicle displays. (d) Other businesses, they claim, do not rely too heavily upon public visibility for a successful business. 6. It is the position of this Board that the difficulties claimed are not sufficient to warrant the variance requested for the following reasons: (a) the front yard area {between the front of the existing principal dwelling and the front property line} is shown to be an open, cleared area of approximately 6413+- sq. ft., 53 deep feet by 121 feet wide. The amount of area which would be required for a landscape buffer along the front property line, excluding the egress and ingress areas, amounts to approximately 1950 sq. ft. (25 ft. deep by 78+- feet wide). The percentage of relief requested from the requirement requesting by applicant-tenant is 100 percent, or 1950+- sq. ft., in order that they may display up to eight (8) cars closer to the state highway. (b) There are alternatives available for appellant to pursue - particularly in light of the fact that there is land area available for this required ground cover {landscape} buffer. (c) The relief, as requested is not consistent with the essential character of the neighborhood - and the grant of this type will set a precedent for other new businesses to follow for little or no ground cover buffer. (d) the difficulties claimed are self-created and are not only related to uniqueness of the property; (e) the variance, if granted, will in turn be adverse to the safety, health, welfare, comfort, convenience and order of the town and nearby properties; (f) the amount of relief requested in relation to the requirements is substantial at 100 percent; (g) the land area required to be placed with ground cover for a buffer does not entirely eliminate spaces for vehicle storage, display and/or parking since there are other areas, other than the front yard, on this site for this purpose; and (h) the code specifications for a 'buffer' is "ground cover" to "...enhance the appearance of the use on the lot but not to screen the use from view .... " (Emphasis added). A Page 20 - Appl. No. 4120 Application of Mattituck Auto Center, Inc. (Tenant) Decision Rendered August 18, 1993 ground cover 25 feet deep along the front property line will certainly not screen the use from view. Accordingly, on motion by Member Villa, seconded by Member Doyen, it was RESOLVED, that the relief requested under Appl. No. 4120 be and hereby is DENIED. Vote of the Board: Wilton, and Goehringer. Ayes: Messrs. Villa, Doyen, Dinizio, This resolution was duly adopted. Page 21- Appl. No. 4180 Matter of Roy and Joan Berman Decision Rendered August 18, 1993 ACTION OF THE BOARD OF APPEALS Appl. No. 4180: Application in behalf of JOAN AND ROY BERMAN for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel No. 1000-31-18-11. This property is nonconforming at 2614+- sq. ft. in this R-40 Zone District. At a Meeting of the Zoning.Board of Appeals held on August 18, 1993, the following action was taken: WHEREAS, after due notice, two public hearings were held, first on July 22, 1993 and the final hearing on August 18, 1993, and ''WHEREAS, at said hearings, those individuals who desired to be heard were heard and their testimony recorded (see transcript of verbatim testimony prepared under separate cover, if needed); and ''WHEREAS, the Board has carefully considered all testimony and documentation submitted~concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its existing buildings and improvements, and the surrounding neighboring areas; and WHEREAS, the Board made the following Findings of Fact: 1. This is an appeal of the June 21, 1993 Notice of Disapproval issued by the Building Inspector. The application which was disapproved by the Building Inspector was for a building permit to construct an attached addition for storage purposes at the northerly end of an existing garage..The reasons for the issuance of the June 21, 1993 Notice of Page 22- Appl. No. 4180 Matter of Roy and Joan Berman Decision Rendered August 18, 1993 Disapproval are due to the fact that this proposed storage addition exceeds the maximum permitted lot coverage and further reduces the front yard setback. 2. The premises which is the subject of this request is a described parcel of land referred to as House #520 Rabbit Lane, East Marion. This parcel directly fronts on Gardiners Bay to the south, and approximately 200 feet north of Rabbit Lane is Marion Lake (underwater land). 3. This parcel contains a lot area, including land seaward of the existing bulkhead, of 3,169 square feet, and is improved with two buildings, a single-family one-story cottage, and the subject accessory garage building located in the front yard area, all as shown on the survey dated October 3, 1986 prepared by Roderick VanTuyl, P.C. 4. 'The subject garage was recently renovated under Building Permit No. 20895. The building is not permitted to be utilized for habitable purposes. 5. The premises, as exists, is permitted a lot coverage of 20% of the total lot area, or 634 square feet of building area (20% of 3,169 sq. ft.). The present lot coverage is 1,170 · square feet for all building and deck construction. 6. The lot coverage requested by this variance is for a total of 1,218 square feet, or 38.4% of the total lot area, and 1.5% over the existing building and deck construction. 7. The requested addition, which is shown on the sketched survey map submitted for consideration, is an extension of six feet from the front of the garage by eight feet in width. The front yard setback is proposed to be reduced to approximately 14-1/2 feet from the front property line (when using the surveyor's scale), at its closest point along Rabbit Lane. The setback to the retaining wall near Rabbit Lane is even less, at 11+- feet. The setback of the garage,.as presently stands, is nonconforming at approximately 21 feet, and this proposed · expansion will create a further reduction in not only lot coverage nonconformance but also front yard nonconformance. The front Yard setback requirement provided by the Code is 35 feet (see Section 100-33C, added 12-22-1992). 8. In considering this application, the Board also finds and determines: (a) that it is the burden of the landowner .to prove that the area restrictions as applied to his land imposes Page 23 - Appl. No. 4180 Matter of Roy and Joan Berman Decision Rendered August 18, 1993 practical difficulties or economic injury, and the testimony submitted is not sufficient to meet this requirement; (b) that the relief requested is substantial in relation to the lot coverage and front yard setback requirements, although it may not be substantial in relation to the established lot coverage nonconfo£mity; (c) that there is an alternative for appellants to pursue, other than a variance, i.e., using the existing garage building for storage purposes rather than for non-storage purposes; (d) the area of the proposed addition will create more congestion on the property and will interfere with the required on-site parking regulation of the town; (e) the relief will, in turn, be adverse to the preservation and protection of the character of the neighborhood and will, in turn, set a precedent which will alter the essential character of the community; (f) in view of all the above, the interests of justice will not be served by granting the requested relief. Accordingly, on motion by Member Wilton, seconded by Member Villa, it was RESOLVED, to DENY the relief requested under Appeal No. 4180 in behalf of ROY AND JOAN BERMAN for an addition which would further exceed the maximum-permitted lot coverage requirement and further reduce the existing nonconforming front yard setback of the garage. VOTE OF THE BOARD: AYES: Messrs. Doyen, Dinizio, Villa, and Wilton. NAY: Chairman Goehringer (who was in favor of the applicants' request and felt the addition was not significant in size based upon the character of this property and other nearby substandard parcels along Rabbit Lane). Margin: 4-1. This resolution was duly adopted. Page 24 - Appl. No. 4039 Application of CLIF~SIDE ASSOCIATES Decision Rendered August 18, 1993 RESOLUTION ADOPTED AUGUST 18, 1993 INTERPRETATION/RESOLUTION: Appl. No. 4039: Upon Application of CLIFFSIDE ASSOCIATES, INC. (Owner) requesting an Interpretation to allow kitchenettes in motel units under the definition of "Resort Motel," at Article III, Section 100-13 of the Zoning Code. WHEREAS, a request under application No. 4039 for an Interpretation of Article III, Section 100-13, Definitions, of the Zoning Rules and Regulations of the Town of Southold, has been duly filed with the Secretary of the Board of Appeals by Richard Haefeli, Esq.; and WHEREAS, said application requests an interpretation to determine whether or not kitchenettes and cooking facilities constitutes a permitted alteration within the language and zoning definitions pertaining to motels, with specific reference to the property at 61475 County Road 48, Greenport, which has received a Special Exception permitting motel units without kitchenettes and without cooking facilities; and WHEREAS, members of the Board viewed the property on numerous occasions; and WHEREAS, hearings were calendared by this Board on August 15, 1991, November 21, 1991, at which times postponements were requested by the applicant's attorney due to scheduling conflicts, and which postponements were granted by the Board for an indefinite time pending confirmation and availability of the applicant and his agent at a public hearing; and WHEREAS, further hearings were calendared, and after due notice were held, on May 20, 1993 and July 22, 1993 at the Southold Town Hall at 7:45 p.m. and 8:05 p.m., respectively; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and Page 25 Appl. No. 4039 Application of CLIFFSIDE ASSOCIATES Decision Rendered August 18, 1993 WHEREAS, the complete record and all testimony have been carefully considered, and the following pertinent facts noted: 1. Absent express language to the contrary the general .rule is that a motel unit is not a dwelling unit, and a zoning code may distinguish, and as in the Town of Southold has properly distinguished between the two uses. 2. Article III, Section 100-13 of the Zoning Code permits the following types of motel units in the Resort-Residential RR Zone District: "HOTEL OR MOTEL, RESORT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping quarters for transients on a daily rental basis or for vacationers or other persons on a weekly rental basis, provided that one (1) such unit may connected directly with not more than one (1) other such unit. Each unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "resort motel" may include such accessory uses as a beach cabana, private dock, dining room, restaurant or accessory convenience shop, office or personal service facility, provided that such facility or shop is located within the building without any external sign or display and off-street parking facilities. The term "resort motel" shall not be construed to include "transient'motel" or "mobile home park." HOTEL OR MOTEL, TRANSIENT - A building or group of buildings, whether detached or in connected units, containing individual guest units consisting of a room arranged or designed to be available for use as sleeping and Living quarters for transients on a daily rental basis, provided that one (1) such unit may connect directly with no more than one (1) other such unit and that no cooking facilities shall be available. Each such unit shall have a door opening on the exterior of the building or on a common hallway leading to the exterior. A "transient hotel or motel" may include such accessor~ uses as an office, retaurant, accessory personal services, swimming pool and off-street parking facilities. The term "transient hotel or motel" shall not be construed to include "resort motel" or "mobile Page 26- Appl. No. 4039 Application of CLIFFSIDE ASSOCIATES Decision Rendered August 18, 1993 home park," nor shall it be deemed to include any dwelling unit except that of the owner or manager." DWELLING UNIT - A building or entirely self-contained portion thereof consisting of a minimum living area of eight hundred fifty (850) square feet containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space, other than vestibules, entrance or other hallways o~ porches, or cooking or sanitary facilities in common with any "dwelling unit." A house trailer, a boarding or rooming house, convalescent home, fraternity or sorority house, hotel, motel, inn, lodging or nursing or similar home or other similar structure shall not be deemed to constitute a "dwelling unit." (Emphasis added) 3. The addition of kitchenettes or cooking facilities in each individual motel unit will not effectively increase its present motel room size, which is limited to a maximum of 600 square feet of total floor area. 4. Accordingly, on motion by Member Villa, seconded by Chairman Goehringer, it was RESOLVED, by the Board of Appeals, that Application No. 4039, requesting an Interpretation of Article 100-13 to determine whether or not the addition of kitchenettes or cooking facilities in motel units is pe£mitted, for resort motel and/or transient motel, is hereby answered in the negative on the following grounds: 1. Since January 10, 1989, the subject premises was and is situated in the Resort-Residential (RR) Zone District. 2. Subsequently, on November 2, 1989, a conditional Special Exception and conditional site plan was granted for motel units without kitchenettes or cooking facilities. 3. The addition of kitchenettes or cooking facilities is a conversion from motel use to dwelling use, not only structurally but also by usage. 4. The Southold Town Zoning Code and Master Plan Amendments, as adopted January 10, 1989, clearly distinguishes between a dwelling unit which is permitted a kitchenette or Page 27~ Appl. No. 4039 Application of CLIFFSIDE ASSOCIATES Decision Rendered August 18, 1993 cooking facility, and which a motel unit may not. (See definitions of dwelling unit and motel unit). 5. The benefits derived in a transient and resort community are of such magnitude as to be consistent with the legislation and continuous policy prohibiting conversions of motel units into dwelling units. 6. The zoning provision at Section 100-13 of the Code under which the applicant has based this application is not difficult or impractical to define. 7. Changes in the wording of any definition or provision of the zoning code is not authorized by action of the Board of Appeals. In fact, the wording of this provision is currently being re-drafted, and a first public hearing was held after due notice, by the Southold Town Board on the new, proposed legislation at its June 29, 1993 Meeting. As of the date of this determination, no action was taken on that proposal. 8. The proposed addition of kitchenettes or cooking facilities would be an extension of the permitted motel use granted under the Special Exception permit conditionally granted under Appl. No. 3542 on November 2, 1989. That Special Exception request was specifically for 68 individual motel units and one manager's unit provided for "transient motels," and more particularly shown on the plans submitted for consideration during 1989 without cooking facilities or kitchenettes. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton and Goehringer. This resolution was duly adopted. ,~' ~.n-~'Pa~e 28 - Minutes Decision Rendered August 18, 1993 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4187-SE. Application of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1, containing 59,984 sq. ft. in this R-80 Residential Zone District, requesting a Special Exception for permission to establish use of proposed building for veterinarian office and animal hospital use in accordance with Article III, Section 100-3lB(10) of the Zoning Ordinance. WHEREAS, after due notice, a public hearing was held on August 18, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and .- : WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants are proposing to establish a new veterinarian office and animal hospital at vacant premises (presently owned by Thomas N. Anshutz, Jr.) and more particularly referred to as 1625 Main Road, Laurel, New York, identified on the Suffolk county Tax Maps as District 1000, Section 127, Block 2, Lot 5.1. The applicants are contract vendees under an executed contract of sale dated June 9, 1993 between John Andresen, Maribeth Andresen, Charles Timpone, Debra Timpone, and the current owner, Thomas N. Anshutz, Jr. 2. The provisions under which this Special Exception is requested is Article III, Section 100-31B(10) which permits by authority of the Board of Appeals, and subject to site plan approval by the Planning Board, a veterinarian office and animal hospital, subject to the following requirement: Page 29- Appl. No. 4187 Matter of John Andresen and Others Decision Rendered August 18, 1993 (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one-hundred fifty (150) feet to any lot line. 3. The subject premises consists of a total lot area of 59,984 square feet (1.377 acres) with street frontage along three sides: to the north and west along Franklinville Road West (a/k/a S.H. 8181), and to the south New York State Highway 25 (a/k/a Main Road). This property is presently vacant and is improved with densely wooded, and high berm areas. 4. The applicants have submitted a site plan map dated July 13, 1993 prepared by EoS. Kalogeras, P.E. for consideration by the Board Members. This plan indicates that the existing natural wooded areas and high elevations (berms up to 28 ft. high) along the southerly and westerly yard areas will remain undisturbed. The principal building within which the veterinarian office and animal hospital uses are to be established is shown to be situated on this parcel as follows: (a) Setback at 73 feet from the northerly front property line (the minimum requirement is the same for a principal dwelling structure at 60 feet); (b) Setback at not less than 60 feet from the westerly front property line, at its closest point; (c) Setback at not less than 30 feet in the southerly front property line at its closest point {Note: An appeal for a relief from this front yard was filed simultaneously with this application - see Appeal No. 4'186}. 5. It is noted for record purposes that although the size of this property is nonconforming in this R-80 Residential Zone District, the property is very suitable and adequately provides for the necessary building (floor) area, and the required parking and other site plan elements necessary for this project. .Additionally, applicants are satisfied with the characteristics of this parcel and have'assured the Town of their intentions to comply with all provisions of the Zoning Code pertaining to this proposed use of the building and land areas. 6. in considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; (3) the use is in harmony with and will promote the general purposes and intent of zoning. The Board Page 30- Appl. No. 4187 Matter of John Andresen and Others Decision Rendered August 18, 1993 has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ("standards") and Section 100-264, A through P ("other considerations"), applicable to special exception reviews. Accordingly, on motion by Chairman Goehringer, seconded by ' Member Dinizio, it was RESOLVED, to GRANT a Special Exception for'a veterinarian office and Animal Hospital Uses, as requested and provided by Article III, Section 100-31B(10) of the Zoning Code, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Medical treatment of animals must be conducted internally, in this principal building; 2. This use granted under this Special Exception is limited to "Veterinarian Office and Animal Hospital" Uses of the applicants-contract vendees, as applied and more particularly reiterated in the hearing record and file, and specifically provided by Section 100-31B(10) of the Southold Town Zoning Code. 3. Any future proposal for the outside keeping, breeding, boarding, and/or treating of animals, or similar activity, will require an additional Special Exception application and approval by the Board of Appeals. 41 The applicants shall furnish a final site plan map, as approved by the Southold Town Planning Board, for permanent recordkeeping purposes to the Office of the Board of Appeals before commencement of construction activities. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 31 - Minutes Decisxon Rendered August 18, 1~?~~ APPEALS BO~ ~E~ ., ~- : ~ R ~h~n~r, Chalman ~ ~ ~ ~r~ Doyen, Jr. Jam~ Dinizio, Jr. ~ A. Villa ~ch~ C. Wil~n Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4186. Application of JOHN E. ANDRESEN and others as contract vendees (Current Owner: Thomas N. Anshutz, Jr.) concerning premises known as 1625 Main Road and Franklinville Road West, Laurel, NY; District 1000, Section 127, Block 2, Lot 5.1, containing 59,984 sq. ft. in this R-80 Residential Zone District, requesting a Variance to the Zoning Ordinance, Article III, Section 100-32, Bulk Schedule, for permission to locate principal building with a reduced setback from the southerly (front) property line along the Main Road (S.R. 25). WHEREAS, after due notice, a public hearing was held on August 18, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants are proposing to establish a new veterinarian office and animal hospital at vacant premises (presently owned by Thomas N. Anshutz, Jr.) and more particularly referred to as 1625 Main Road, Laurel, New York, identified on the Suffolk County Tax Maps as District 1000, Section 127, Block 2, Lot 5.1. The applicants are contract vendees under an executed contract of sale dated June 9, 1993 between John Andresen, Maribeth Andresen, Charles Timpone, Debra Timpone, and the current owner, Thomas N. Anshutz, Jr. 2. The basis of this appeal is Article III, Section 100-32 (Bulk Schedule pertaining to setbacks of a principal building) as noted in the July 29, 1993 Notice of Disapproval issued by the Building Inspector, which reads in part: Page 32- Appl. No. 4186 Matter of John Andresen and Others Decision Rendered August 18, 1'993 ...under Article III, Section 100-32 for non-residential use (as permitted) density and minimum lot size schedule for residential district - lot has insufficient lot area. Interpretation requested on lot line setbacks. Action required by the Zoning Board of Appeals... s/ Thomas J. Fisher. 3. The subject premises consists of a total lot area of 59,984 square feet (1.377 acres) with street frontage along three sides: to the north and west along Franklinville Road West (a/k/a S.H. 8181), and to the south New York State Highway 25 (a/k/a Main Road). This property is presently vacant and is improved with heavily treed, and natural high berm areas. 4. The applicants have submitted a site plan map dated July 13, 1993 prepared by E.S. Kalogeras, P.E. for consideration by this Board. This plan indicates that the existing natural wooded areas and high elevations (berms up to 28 ft. high) along the southerly and westerly yard areas will remain undisturbed. The principal building within which the veterinarian office and animal hospital uses are to be established is shown to be situated on this parcel as follows: (a) Setback at 73 feet from the northerly front property line (the minimum requirement is the same for a principal dwelling structure at 60 feet); (b) Setback at not less than 60 feet from the westerly front property line, at its closest point; ' (c) Setback at not less than 30 feet in the southerly front property line at its closest point which is the subject of this variance. 5. It is noted for record purposes that although the size of this property is nonconforming with a preexisting lot size of 59,984 square feet in this R-80 Residential Zone District, the property is most suitable and does adequately provide for the necessary building (floor) area and parking and other site plan elements necessary for this project. Additionally, applicants have indicated their satisfaction with the characteristics of this parcel and have assured the Town of their intentions to comply with all provisions of the Zoning Code pertaining to this proposed use of the building and land areas. 6. It is also noted for the record that a conditional Special Exception was granted under this date for the requested Animal Hospital with related veterinarian office uses. Page 33 Appl. No. 4186 Matter of John Andresen and Others Decision Rendered August 18, 1993 7. In considering this application, the Board also finds and detezmines: a) the benefit to the applicant, as weighed against the detriment to the health, safety, welfare of the co~t,unity, is greater, and the benefit afforded is not unreasonable in light of the unique characteristics and land contours, substandard size, location of the property with three front yard areas; b) the benefit sought by the applicants cannot be reasonably achieved by another method without affecting the neighboring land; c) the relief requested for a front yard reduction at not less than 30 feet is not unreasonable and will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the surrounding district; d) the difficulties created are related to the uniqueness of the land, its location, its topography, shape and characteristics, and are not personal to the landowner or future landowners (contract vendees-applicants); e) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the con~l,unity, and will not alter the essential character of the district; (f) the setback at 30 feet from the proposed southerly property line is substantial in relation to the requirements, that is, meeting 50 percent of the 60 ft. setback requirement, however, this land contour in this yard area is screened with natural high berm (up to 28 feet high) and is heavily treed - which will remain as a condition of approvals; (g) in view of all the above, the interests of justice will be served by granting the relief, as requested. Accordingly, on motion by Chairman Goehringer, seconded by Member Wilton, it was RESOLVED, to INTERPRET, as requested by the Building Inspector in his Notice of Disapproval dated July 29, 1993, that the minimum setbacks for a principal dwelling structure shall also apply to other types of principal uses on vacant lots as may be permitted or expressly conditioned in the R-80 Zone Districts; and be it Page 34- Appl. No. 4186 Matter of John Andresen and Others Decision Rendered August 18, 1993 FURTHER RESOLVED, to GRANT a reduction from the required 60 feet to 30 feet from the southerly front property line (along the Main State Road) for a proposed principal building to be occupied as an Animal Hospital with related veterinarian office uses, as requested. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. Page 35 - Minutes Regular Meeting of August 18, 1993 Southold Town Board of Appeals OTHER MEETING REMINDERS: The following co~.~,ittee meetings were noted on the calendar as of today's date: LEGISLATIVE CODE COMMITTEE: Meetings for: 9/8 and 9/22. PLANNING & ZONING COMMITTEE: None calendared for August or September as yet. ZBA Regular Meeting: Monday, September 20, 1993. Copies of the monthly calendar prepared by the Town Clerk's Office was distributed'to Board Members for the remainder of August and the calendar for September and October 1993 (prepared as of this date and subject to future change by Town Clerk's Office). RESOLUTION - ZBA PUBLIC HEARINGS FOR SEPTEMBER 20, 1993: On motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, that the following applications be and hereby are scheduled for public hearings to be held at a Regular Meeting on MONDAY, SEPTEMBER 20,1993before the Southold Town Board of Appeals at the Southold Town Hall, 53095 Main Road, Southold, New York: 1. 7:32 p.m. Appl. No. 4190 - JOH~ AND MARIE S. SHACK for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores Combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2- 26.1 (prey. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. 2. 7:35 p.m. Appl. No. 4161 - BARBARA KUJAWSKI. Application for a Special .Exception for approval of an Accessory Apartment in conjunction with the principal dwelling use and residency by the owner (owner occupancy) and subject to the provisions of Article III, Section 100-31B(14). Location of Property: House #125 (per Town Records) at the north side of Sound Avenue, which parcel commences at a point approximately 51 feet east of the Riverhead-Southold Town Boundary Line, extending 195.18 feet along Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-120-1-2.2. This property consists of an area of 40,241 sq. Page 36 - Minutes Southold Town Board of Appeals Regular Meeting of August 18, 1993 ft. and is located in the Agricultural-Conservation (A-C) Zone District. 3. 7:50 p.m. Appl. No. 4184 - CHARLES H. LEWIS (Carried over from tonight's calendar). Applicant requests a Variance as provided by New York Town Law, Section 280-A determining standards of minimum improvement to the traveled bases of two separate (private) rights-of-way for safe and sufficient access by emergency, fire and other vehicles located as described below: Access to Lot No. 1, as modified, with its proposed access over a right-of-way extending from the westerly side of Lighthouse Road, Southold, NY, over premises now or formerly of Pantel, referred to as Parcel #1000-50-3-3.4, and over premises now or formerly of Suffolk County, known as Parcel #1000-50-3-3.1. Access to Lot No. 2, as modified, with its proposed access over a right-of-way extending from the northerly side of Sound View Avenue, Southold, ~__~~n~t~erl~direction over lands now or forme~~-'~k~-~n~~Stanley, Kudinka and/or Garcia and ls S~e~,-referr-~-t~~e~lot ~1000-50-3-16, 7, 8, 23, 9 and/or 19.1. The subj requiring Section 280-A approval is shown as new subdivision Lot No. 2 as modified and further identified as County Tax Map Nos. 1000-50-3-14, 15, and 16 for a total combined area of 2.2612 acres, and which is pending before the Southold Town Planning Board for re-division into two lots. Vote of the Board: AYES: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. There being no other business properly coming before the Board at this time, the Chairman declared the meeting adjourned. Respectfully submitted, ~.~. ~~ ~,~erk of the Board · Approved - Gerard P.~Goehri~r, Chairman